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ORD 06-005 . . . ORDINANCE 06 - 05 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER ADDING TO CHAPTER 26 (HEALTH AND SANITATION) -- ARTICLE III. CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITE The City Council of the City of Elk River does hereby ordain as follows: CHAPTER 26- HEALTH AND SANITATION ARTICLE III. CLEANUP OF CLANDESTINE DRUG LAB SITES AND CHEMICAL DUMP SITES Sec. 26-91. General provisions. (a) Purpose and intent. The purpose of this article is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The city council finds that such sites, and the personal property within such sites, may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property. (b) Interpretation and application. In the interpretation and application of this article, the provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this article are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this article to be invalid, such decision shall not affect the validity of the article as a whole or any part thereof, other than the provision declared invalid. Sec. 26-92. Definitions. For the purposes of this article, the following terms or words shall be interpreted as follows: Child shall mean any person less than 18 years of age. Chemical dump site shall mean any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located. City shall mean the City of Elk River. 1 CfCf oS . . . Clandestine drug lab operation shall mean the unlawful manufacture or attempt to manufacture a controlled substance. Clandestine drug lab site shall mean any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. A clandestine drug lab site may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location. Controlled substance shall mean any drug, substance or immediate precursor in Minn. Stat. ~ 152.02 Schedules I through V together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Household hazardous waste shall mean waste generated from a clandestine drug lab operation. Manufacture in places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, re- labeling, or filling of drugs. Owner shall mean any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. Public Health Nuisance shall have the meaning attributed to it in Minnesota Statutes ~ 145A.02, Subd. 17. Sec. 26-93. Declaration of site and contents as a public health nuisance. All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance. Sec. 26-94. Law enforcement action. If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site, and all personal property therein, shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dump site which may place neighbors, the visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions must comply with all notice requirements contained in Minn. Stat. ~ 152.0275, subd. 2 together with any amendments or modifications, and are authorized to take the following action: 2 c:h- a5' . . . (1) Promptly notify the city environmental administrator, child protection, and the county public health department. Notice should also be given to the county sheriff's department and the appropriate division of the drug enforcement administration of the U.S. Justice Department of the location of the site, and the owner if known, of the conditions found; Notice shall include sufficient information to inform the recipients of the following: a. Property location- street address, and other identifiers. b. Identity of owner and all occupants- ifknown. c. Chemicals found- if known. (2) Arrange to treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with state department of health, Minnesota Pollution Control and county health department rules and regulations; (3) Issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance issued by law enforcement shall expire after the city environmental administrator inspects the site and determines the appropriateness of issuing a permanent declaration of public health nmsance; (4) Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued; (5) Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the city environmental administrator; (6) Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and (7) Take appropriate measures to prohibit people from entering the site without authorization after all occupants of the site have vacated. The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised. Sec. 26-95. Seizure of property. When the clandestine drug lab site or chemical dump site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this article shall be followed as closely as possible given the specific type of property in which the site is discovered. 3 obr05 . . . Sec. 26-96. Action by city environmental administrator. (a) Inspection and declaration of nuisance, Within 48 hours of notification that law enforcement authorities have determined the existence of a clandestine drug lab site or chemical dump site, the city environmental administrator shall inspect the site to determine the appropriate scope of a permanent declaration of public health nuisance. Based on the results of the inspection, the city environmental administrator may then promptly issue a permanent declaration of public health nuisance and a Do Not Enter-- Unsafe to Occupy Order for the affected site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property. (b) Abatement order. After the permanent declaration of public health nuisance has been issued and posted, the city environmental administrator shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information: (I) A copy of the declaration of public health nuisance and Do Not Enter- Unsafe to Occupy Order; (2) Information about the potentially hazardous condition of the site; (3) Notification of suspension of the site's rental license if applicable; (4) A summary of the site owner's and occupant's responsibilities under this article; and (5) Information that may help the owner locate appropriate services necessary to abate the public health nuisance. (c ) Notice to concerned parties. The city environmental administrator shall also mail a copy of the permanent declaration of public health nuisance, a copy of this article, and a notification of the suspension of the site's rental licensees, if applicable, to the following concerned parties at their last known address: (1) Occupants or residents of the site if the identities of such persons are known; (2) Neighbors in proximity to the site who may be reasonably affected by the conditions found; (3) The city administrator; (4) The community development director; (5) The city building official (6) The city police department; (7) The county sheriff s department (8) The county public health department (9) Child protection services (10) The appropriate enforcement division of the drug enforcement administration of the U.S. Justice Department; and (11) Other city, state and local authorities, such as the city water department, the state pollution control agency, the state department of health, and the 4 rY-05 . . . department of natural resources which are known to have public and protection responsibilities that are applicable to the situation. (d) Modification or removal of declaration. The city environmental administrator is authorized to modify or remove the declaration of public health nuisance after the city environmental administrator receives documentation from a city approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration. Notice of such amendment or removal shall be given to any and all entities noted above. Sec. 26-97. Site owner's responsibility to act. Within ten business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following: (1 ) Provide the city environmental administrator with written notification: a. That the owner has confirmed that all persons and their pets have vacated the site; b. Of the name(s) of all children who the owner believes were residing at the site during the time period the clandestine drug lab or chemical dump site is suspected to have been at the site; and c. That the site will remain vacated and secured until the public health nuisance is completely abated as required by this article. (2) Contract with an environmental hazard testing and cleaning firm to conduct the following work in accordance with the most current Minnesota Department of Health and Pollution Control Agency guidelines and procedures: a. A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein; b. Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site; c. A complete clean up of the site (including but not limited to the clean up or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete clean up of the demolished site; d. A complete clean up, or disposal at an approved dump site, of all personal property in the site; e. A complete clean up of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site; f. Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to state department of health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site. 5 d~ cf5 . . . (3) Provide the city environmental administrator with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and (4) Sign an agreement with the city environmental administrator establishing a clean up schedule. The schedule shall establish reasonable deadlines for completing all actions required by this article for abatement of the public health nuisance. In determining appropriate deadlines, the city environmental administrator shall consider practical limitations and the availability of contractors in approving the schedule for clean up. The site owner must meet all deadlines established on the clean up schedule. Also, pursuant to the deadlines established by the clean up schedule, the site owner is required to provide the city environmental administrator with written documentation of the clean up process, including a signed statement from a city approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the clean up was conducted in accordance with the most current state department of health guidelines. Sec. 26-98. Site owner's responsibility for costs. The site owner shall be responsible for all costs, including those of the city, of dealing with and abating the public health nuisance, including contractor's fees and the city's costs for services performed in association with the clandestine drug lab site or chemical dump site clean up. The city's costs may also include, but shall not be limited to: (1) Posting of the site; (2) Notification of affected parties; (3) Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site; (4) Expenses related to the recovery of costs, including the assessment process; (5) Laboratory fees; (6) Clean up services; (7) Administrative fees; (8) Legal fees; and (9) Other associated costs. Sec 26-99. City action and recovery of costs. (a) If the building owner fails to comply with any of the requirements of this article, the city environmental administrator is authorized to take all reasonable actions necessary to abate the public health nuisance including, but not limited to, contracting with a city approved environmental hazard testing and cleaning firm to conduct the work outlined in section 26-97(2) of this article. To aid in the costs of abatement, the city may draw upon the State Revolving Loan Fund under Minn. Stat. S 446A.083, subd.2 together with any amendments or modifications. The city environmental administrator is also authorized to provide a copy of the declaration of public health nuisance to the lien and/or mortgage holders of the affected 6 o&-o~ . . . site to help assure that persons with interest in the site have access to information about the declaration of public health nuisance. (b) If the costs to clean the site or to clean the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the city is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be'taken in accordance with the provisions of Minn. Stat. Ch. 463 together with any amendments or modifications thereto. (c) If the city abates the public health nuisance, in addition to any other legal remedy, the city shall be entitled to recover all of its out of pocket costs plus an additional 25 percent of such costs for administrative and legal expense. The city may recover costs by civil action against the owner of the site or by assessing such costs as a special charge against the site as taxes and special assessments are certified and collected pursuant to Minn. Stat. ~ 429.101 or according to the provisions of Minn. Stat. Ch. 463 together with any amendments or modifications. Sec. 26-100. Recovery of costs from persons causing damage. (a) The city or innocent property owner may recover restitution as a result of emergency response and clean up as provided in Minn. Stat. ~ 152.0275, subd.1 together with any amendments or modifications. (b) No provisions of this article are intended to limit the site owner's, residents' or the city's right to recover costs incurred under this article from either the persons contributing to the public health nuisance, such as the operators of the clandestine drug lab, and/or from other lawful sources. Sec. 26-101. Site owner and address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the county auditor's office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer. Sec. 26-102. Suspension of residential rental license. Upon issuance of a permanent declaration of public health nuisance, any residential rental license issued by the city for the site, or any part thereof, is hereby declared to be immediately suspended pending full compliance with this article. Sec. 26-103. Unauthorized removal of po stings. It is unlawful for any person, except authorized city personnel, to remove a temporary or permanent declaration of public health nuisance and/or Do Not Enter--Unsafe to Occupy Order from a chemical dump site or a clandestine drug lab site. 7 ctro~ . . . Sec. 26-104. Entry into or onto site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the city environmental administrator or as otherwise authorized by this article. To confirm compliance with this article and to execute their duties under this article, law enforcement officers, the city environmental administrator, and any persons designated by the city environmental administrator, may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site. Sec. 26-105. Removal of personal property from the site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the city environmental administrator. Consent to remove personal property shall only be granted at the reasonable discretion of the city environmental administrator, and only in cases of hardship after: (1 ) A city approved environmental hazard testing and cleaning firm has advised the city, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and (2) The owner of the personal property agrees in writing: a. That the owner is aware of the danger of using the contaminated property; b. That the owner will thoroughly clean the property to remove all contamination before the property is used; and c. That the owner releases and agrees to indemnify the city, its staff, and the city council from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property. Sec. 26-106. Penalties Any person found to be in violation of any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statute S 609.02, subd. 3. Passed and adopted this 20th day of March, 2006, by the City Council of the City of Elk River. This Ordinance shall take effect upon publication as provided by law. ATTEST: ~ Schmidt, City Clerk 8 00- D5 . . . The City Council of the City of Elk River has determined that Ordinance 06-~ should be published in summary form. Summary of Ordinance #06- 05 AN ORDINANCE OF THE CITY OF ELK RIVER ADDING TO CHAPTER 26 Health and Sanitation Article III. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites The purpose of this article is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Properties used as drug labs or dump sites contain chemical residues which are health hazards for current residents, future residents, neighbors, and the general public. The following definitions are used throughout the ordinance. A chemical dump site is any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located. A clandestine drug lab operation means the unlawful manufacture or attempt to manufacture a controlled substance. Clandestine drug lab sites can exist in any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. This may include real property, personal property, dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location. Upon discovering the existence of a clandestine drug lab or chemical dump site, law enforcement must notify appropriate city, county, state and local authorities. Law enforcement will take steps to treat, store, or transport or dispose of hazardous waste located on that property and declare the site and any personal property attached to it a temporary public health nuisance. All occupants of the site must vacate immediately. Within 48 hours of the temporary declaration, the city environmental administrator will inspect the site and issue a permanent declaration of public heath nuisance. This permanent declaration carries with it a "DO NOT ENTER- Unsafe to Occupy" order which is posted on all doorways and entrances to the site. Any person found in violation of this order is guilty of a misdemeanor. The city environmental administrator will also issue an abatement order to the site owner. The abatement order details the owner's rights and responsibilities regarding the site. Notice must be given to any concerned party including city, county, state and federal officials, occupants or residents of the site, neighbors, and child protection services. A site owner has 10 days from the date of the abatement order to notify the city environmental administrator in writing that the order was complied with, and that the owner h~s contracted with an environmental hazard testing and cleaning firm. The site owner and the city environmental administrator will agree on a clean up schedule, and the site owner must provide documentation of compliance. Site owners are responsible for all costs, including those of the city, arising from the public health nuisance and its abatement. 1 . . . If the site owner fails to comply with the abatement requirements, the city is authorized to take all reasonable action necessary to abate the public health nuisance, and may recover costs for such action. If costs are prohibitively high the city is authorized to demolish the site pursuant to applicable state law. If the property owner is an innocent party, costs may be recovered against the perpetrator as provided by state law. A printed copy of the full text of the Ordinance 06-05, is available for public inspection at the office of the Elk River City Clerk, 13065 Orono Parkway, during regular business hours - 8:00 a.m. to 4:30 p.m., Monday through Friday. This summary of Ordinance 06- Jt~as been approved by the City Council, by at least four- fifths vote, on March 20, 2006. Ordinance 06- 05 becomes effective after publication of this summary. ~,~ ATTEST: d /J 'j~ ~ /~L-- 2 $/65.o~ $j05.'o~ (3) Rate actually charged for the above matter lot (1) Lowest classified rate pai~ t J 7 ~ commercial users for comparable space $ tJ · (2) Maximum rate allowed by law for the above matter . ........ , . .' .,:,.,~\'J\ c"".,.' RATE INFO~TI~;tif',::J,~",">." ,. . day of Subscribed and sworn to before me on this March ~W]. N~ , 20~. aJ W~L b{-li\ t:flit' \'V\ a V\ 0..3 e r BY: TITLE: a bed e f g h ij k I m no p q r 8 t u v w x y z which is attached was cut from the columns of said newspaper, and was printed and published once each week, for . \ successive weeks; it was first published on Wednesday, the g., day of (V1 rA v-c h t 20---Ote.-, and was thereafter printed and published every Wednesday to and including Wednesq~y, the day of , 20_; and printed below is a copy of the lower case alphabet from A to Z, b~th inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. E"\\ ~j\oe*, \-\fA'(( \~ being duly sworn, on oath says that hel she is the publisher or authorized agent and employee of the publisher of the newspaper known as the Elk River Star News, and has full knowledge of the facts which are stated below: A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B) The printed Q(d \(\C\ Y1 ctL Ou - OS STATE OF MINNESOTA ) )ss. COUN1Y OF SHERBURNE) Summary of Ordinance #06~05 AN ORDINANCE OF 'I'HE Crl'Y OF ELI{ RIVER ADDING'rO CHAP'rEU 26 Health and Sanitation Article III. Cleanup of Clandestine Drug Lab Sites and Chemical Dump Sites 'rhe purpose of this article is to reduce public exposure to health . risks where law enforcement offi- cers have determined that haz- ardous chemicals' or residue from a suspected clandestine drug lab site or associated dump site may , exist. Properties used as drug labs OJ,' dump' sites contain. chemical residues which are health. hazards for current residents, future resi- dents, neighbors, and the general public. rrhe following definitions are used throughout the ordinance. A chemical dump site is any place or area where chemicals or other waste materials used in a clan- destine drug lab operation have been located. A clandestine drug lab operatiOIl means the unlawful manufacture or attempt to manu- facture a . controlled substance. Clandestine drug lab sites can exist in any. place or area where law enforcement has. determined that conditions associated with an unl,a w ful , d[\n<l~j~~iH~;d:ug,JQ.~'1 operatIon eXlst.<rrfl~~'tmHYlnc~.4Qe.'.! real,. property; ;persqn,al.;property, dwellings" accessory" buUdingf3,. struCf;tn'~fL.J)r~,~units&,:.La..=chemi ca.t dump site,a'vehiclel boat, trailer \ or . other appliance or any' other 1 area or location. . Upon discovering the existence of a clandestine drug la~ or chemi- cal dump site, law enforcement must notify ~ppropriate city,coun- ty, state and local authorities. Law enforcement . will take steps' to treat, store, or transport or dispose of hazardous waste located on that property and declare. the site and any personal. property attached. to it a' temporary. public health nuisance. All occupants of the site must vacate immediately. Within 48 hours of the tempo- rary declaration, the city environM mental administrator will inspect the site . and issue a permanent declaration of public heath nui- \ sa nee. This permanent declara~ tion carries with it a uDO NOT EN'rI~H- Unsafe to Occupy" order which is posted on all doorways and entrances to the site. Any per- sonfollnd in violation of this order is guilty of a misdemeanor, 'fhe city environmental adminis- trator will also issue an abatement order to the site owner. 'fhe abate- ment order details the ownees rights and l:espo'nsibilities regard- ing the site. Notice must be given to any concel:ned party including citYl countYl state and federal offi- cials, occupants or residents of the site, neighbors, and child protec- tion services. A site owner has 10 days from the date' of the abatement order to notify the city environmental administratol1 in writing that the order was complied with, and that the owner has contracted with an environmental hazai'd testing and cleaning firm: 'rhe site owner and the city environmental adminis- tratol. will agree on a clean up schedule, and the site owner must provide. documentation of co'mpli- allce, Site owners are responsible for all costs, including those of the city, arising fi'om the public health nuisance and its abatement. If the site oWller fails to com- ply with the abatement require- ments, . the city is authorized to take all reasonable action neces- sary to abate the public health nuisance, and may recover costs for such action. If costs are prohib- itively high the city is authorized to demolish the site pursuant to applicable state law. If the prop- erty owner is an innocent. party, costs' may be recovered against. the. perpetrator as provided by' state law. A printed copy of the fun text of the Onlinance 06-05, is available 'for public' inspection at the office of the Elk River' City Clerk, 13065 Orono Parkway, during regular business hours - 8:00 a.m, to 4:30 p.m., Monday through Friday. rrhissummary, of Ordinance 06- 05 has been approved'.by the City; Council by at least four-fifths vote' on Mar~h 20, 200'6; Ordinance 06~ . 05 befomes efIective after publica- tion.of' this. summary. ' Stephanie IGinzingl MUydr . A1'TESrr:, \ ,\. Joan Sdnilidt, City Clerk (Mr29) . Mfidavit of Publication